IN THE NATIONAL COMPANY LAW TRIBUNAL: NEW DELHI
PRINCIPAL BENCH
ITEM No. 43
1BI-15(PB}/2020
INTHE MATTER OF:
Albatross Fine Chem. Pvt. Ltd Petitioner/ Applicant
Orris Infrastructure Pvt. Ltd Respondent
Order under Section 7 of Insolvency & Bankruptey Code
‘elivered on 16.12.2021
CORAM:
JUSTICE RAMALINGAM SUDHAKAR
HOWBLE PRESIDENT
SH. HEMANT KUMAR SARANGI
HON’BLE MEMBER (TECHNICAL)
PRESENT:
For the Applicant :
For the respondent :
ORDER
When the matter was called none appeared for the Petitioner.
It appears to be a home buyers’ case.
However, in the light of the decision of the Hon'ble Supreme
Court in the case of Jaypee Kensington boulevard Apartments
Welfare Association v. NBCC (India) Ltd., 2021 sce Online SC
253 particularly paragraphs 428 & 442, the company petition is not
maintainable.
Accordingly, (IB)-15(PB/2020 stands dismissed as ni
maintainable with liberty to pursue the matter if cayse survives?
(RAMALINGAM SUDHAKAR}
PRESIDENT
(HEMANT KUMAR SARANGI)
‘MEMBER (TECHNICAL)